All

Please see the information below, it would be interested to get a straw pole from forum users on whether they think the actions of terminal staff are unwittingly adopting the role of Principal Contractor. Apologies for the lack of formatting I can't see where to edit this.

What do you think? I represent a construction company working on a COMAH High risk natural gas terminal. Under the CDM Regulations 2007, we have been awarded the role as Principal Contractor by our client.


The construction areas we have responsibility over are split into three distinct areas, one outside the perimeter fence of the gas terminal, under our direct control. The second and third work areas are within the boundary of the gas terminal, and as such all works are subject to the control of the terminal staff.


In the first work area, we have total control over Method Statement, Risk Assessment approval, access and egress and other duties required under CDM. In the second work area we have Method Statement and Risk Assessment Control, but do not have total access and egress control (as the live terminal works takes preference). The third work areas, although we have the role of Principal Contractor, prior to any work being permitted, we have to submit all method statements, risk assessments to the terminal staff for approval. This is not negotiable, if they do not approve the documentation, we do not get permission to work.

This permission to work is given in the form of a permit to work, which whilst "live", hands control of the work area / areas to us as a company. At the end of each working day, our permits are returned to the terminal staff and re-issued each day until the work is complete.

This permit to work system is designed to allow the terminal staff control over who else has access to these work areas, such as other contractors employed directly by the terminal staff, or terminal staff themselves. Thus we do not have total control over access and egress or coordinated work in this shared area as required under the CDM Regulations.

So generally put, in work area 3 within working hours, we as the “Principal Contractor” work under a permit to work, issued by the terminal staff and coordinated by the terminal staff not to clash with other works. At the end of each day we hand this permit back, and control of access and egress to some of these work areas outside of our work hours returns to the terminal staff as they must be allowed access to these areas for the safe operation of a live gas terminal.

Who do you think is the Principal Contractor, we are the “Principal Contractor” under CDM as part of our contract with our client, but I feel we are actually fulfilling a sub-contractor role as our works within the terminal perimeter are controlled, coordinated by a third party (the terminal staff), who have overall control of the site within the boundary fencing.

Above should read Reg 12 of MHSWR, not 11. Sorry.

Hi Chris,

Not exactly the same, in my situation we have to submit all the RAMS but we are given control of a work area, and only have PC control over that area whilst under our permit. Our permit to work is for our work only, not the supervision / coordination of other works that may be done in the areas we are working in. These permits are time controlled and must be surrendered at the end of the shift, for re-issue the following day if required.

Whilst we have a permit, we are the sole users of an area, but there could then be an instance where the terminal will issue another permit to another company / person to work in that area, (whilst we are not holding an open permit) or outside our work hours.

Does that make sense?

What happened to section 3 duty to persons not in employ, as you are construction workers you are building and not running the existing terminal, who would you want to blame when it goes wrong.

Matty
you are trying to take control of an area in which you are working, will CDM cover you for the Disaster and Emergancy planning for the gas works. Disaster and emergancy requires that you plan before the event, during the event and for after the event. Do you have the required information to produce this. This is why all of your systems come under the control of the client. Company guidance and policy comes from the requirements of legislation in order to comply with. As I asked before what is section 3 HSWA.

Matty

I can see your frustration with the current set up but I'm not sure it comprises the CDM regs or provides a psuedo PC. I have worked on similar projects where as the PC we need a PtW, approved documentation and we have to work in areas where other contractors or staff are working outside of our PC umbrella. The spirit of CDM is to engender good working relationships and whilst at times these can be frustrating, especially with some interferring clients and jobsworths, sometimes that is all there is to fall back on.